Workplace

Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?

YES

Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?

YES

Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

Colorado law prohibits discrimination based on actual or perceived sexual orientation, defined to include gender identity, in public and private employment. See Colo Rev. Stat. § 24-34-401, et seq.

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference."